In this matter, Albert Njobvu was charged with one count of burglary and theft.
Particulars of the offence alleged that during the night of October 29, 2018, in Lusaka, Njobvu broke into a house and stole a black bag containing documents and TV remote all valued at K230.
He had pleaded guilty, but his plea was equivocal after he told the court that he entered the said house, but did not take the items.
It was alleged that Njobvu broke into the said house with three other friends, but when the owner of the house saw them and shouted for help, the others managed to run away, while he was apprehended alone.
After he was apprehended, no items where found on him.
When the matter came up for judgement, Magistrate Silvia Munyinya convicted him after finding him guilty of the offence.
She said although Njobvu did not take the items, the four went to the said house with intent to commit a felony considering the circumstances surrounding the whole matter.
“And for sure, things were taken. The accused did not state that his mission to that house was not to take anything. He cannot distance himself from the taking of the items. His friends got away with the things when he was apprehended. I find Njobvu guilty of the offence,” she ruled.
In his mitigation, Njobvu said he did not have much to say as he was already serving another sentence.
“I have left everything in your hands,” he submitted.
However, Magistrate Munyinya sentenced him to two years imprisonment with hard labour.
She added that the sentence would run on the expiration of the sentence he was currently serving.
Meanwhile, two Congolese men have been sentenced to two years’ imprisonment with hard labour for being in possession of counterfeit notes amounting to US $2,200.
In this matter, it was alleged that Kangolo Kapeya and Paul Emmanuel Kasamba on January 9, 2018, Lusaka, did possess forged bank currency notes amounting to US $2,200 without lawful authority, knowing the same to be forged.
The said counterfeit notes were found in a safe at the accused’s house in Northmead area by some DEC officers.
They had pleaded not guilty to the charge.
And when the matter came up for judgement, Magistrate Munyinya convicted them, saying the accused knew of the presence of the counterfeit notes in the safe and they had control of the said counterfeit notes.
She added that the prosecution had proved the case of possession of counterfeit notes beyond all reasonable doubt.
In mitigation, the two asked for forgiveness from the court, saying they were looking after their families.
Magistrate Munyinya, however, sentenced them to two years’ imprisonment with hard labour with effect from the date of arrest.